Proposal to investigate and handle violations at Vietnam National Coal - Mineral Industries Group

Vietnam National Coal and Mineral Industries Group.

On January 17, the Government Inspectorate issued a notice on the conclusion of the inspection of compliance with legal policies during production and business activities at the Vietnam National Coal and Mineral Industries Group (TKV) and a number of its member units from 2010 to June 30, 2015.

This announcement of the Government Inspectorate also said that the Government Office has issued a notice conveying the conclusion of Permanent Deputy Prime Minister Truong Hoa Binh on the above inspection conclusion.

Some investments lose capital and are ineffective.

According to the inspection conclusion, the board of members and general director of TKV decided on policies and managed the implementation of financial investments in the main business lines without legal and practical basis, violated the provisions of the law, guaranteed loan repayment beyond their authority...

As a result, some investments are ineffective, losing money, and losing capital with huge value.

The Board of Members and General Director of TKV have not strictly complied with the provisions of law in formulating and approving investment plans, deciding on equity capital contribution policies, and using capital sources in violation of regulations to invest outside the main business lines, leading to inefficiency and risk of capital loss.

The inspection agency believes that the board of members and general director of TKV issued management mechanisms for production and business activities that are not in accordance with reality and regulations.

During the production and business activities, TKV and its member units have not strictly complied with the provisions of the law, resulting in many unreasonable costs, increased production costs, reduced profits, and losses to the state budget.

The Government Inspectorate also discovered violations by TKV in investment in construction, land, resources and asset procurement.

In addition, the inspection results also pointed out a series of violations at 4 corporations and member units of TKV, in which the most prominent were still violations in management and use of capital and assets; investment in construction, land resources, and equitization and divestment.

Transfer the case to the Ministry of Public Security for investigation

With the above inspection results, the Government Inspectorate has recommended that competent authorities handle the responsibilities of relevant organizations and individuals.

In particular, it is recommended that the Ministry of Public Security direct the investigation agency to receive the dossier of the Government Inspectorate to review, investigate and handle responsibilities for cases with signs of law violations at TKV and a number of affiliated enterprises including: Huu Nghi - Phu Tho Cement Joint Stock Company, Ha Giang Cement Joint Stock Company and Binh Nguyen - Dak Nong Joint Stock Company violated the terms of the economic contract on delivery and payment conditions, leading to loss of capital.

Regarding economic handling, according to the inspection conclusion, the total amount of money and land discovered through the inspection that needs to be handled is more than 14,882 billion VND and nearly 6.7 million m²real estate; of which more than 1,800 billion and the entire area of ​​real estate mentioned above will be recovered for the state budget.

Assign ministries and branches to handle and report to the Prime Minister.

This announcement of the Government Inspectorate also said that the Government Office has issued a notice conveying the concluding opinion of Permanent Deputy Prime Minister Truong Hoa Binh.

Accordingly, the Deputy Prime Minister basically agreed with the recommendations of the Government Inspectorate, requesting the Vietnam National Coal-Mineral Industries Group and relevant ministries, branches and localities to implement the recommendations of the Government Inspectorate and send a report on the results of the implementation of the inspection conclusions to synthesize and report to the Prime Minister.

The Deputy Prime Minister also assigned the Ministry of Natural Resources and Environment to inspect, handle, and guide the resolution of difficulties, problems, and violations in the granting of mineral exploitation licenses.

Regarding cases where the Government Inspectorate recommends transferring them to the Ministry of Public Security's Investigation Agency, the Deputy Prime Minister assigned the Government Inspectorate to preside over and coordinate with the investigation agencies of the Ministry of Public Security and the Supreme People's Procuracy to thoroughly review and agree on handling measures.

Regarding the handling of the difference in resource tax and output and quality incentives for coal mining units, Deputy Prime Minister Truong Hoa Binh assigned the Ministry of Finance to preside over and coordinate with the Government Inspectorate, the Ministry of Industry and Trade, the Ministry of Justice, and the Government Office to clearly identify the subjects of resource tax payment, the price for calculating resource tax, and determine the resource tax obligation to be paid to the state budget.

The Ministry of Finance shall closely inspect and clearly define the nature of exploitation contracts between TKV and its subsidiaries and the exploitation and consumption of resources to ensure correct and full collection, and unanimously propose measures to handle the difference in resource tax amounts according to regulations.

The Ministry of Industry and Trade coordinates with the Ministry of Construction and the Government Inspectorate to unify the method of calculating, accepting and paying for the volume of earth and rock transportation; at the same time, promptly issue documents regulating and guiding the coefficients to be applied in the acceptance and payment of the volume of earth and rock transportation at open-pit mines to overcome current shortcomings and inadequacies.